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Your Reglan Lawsuit: Is Time Running Out on You?

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Washington, DCReglan side effects—some of them extremely serious and debilitating—have resulted for many in a Reglan lawsuit, as plaintiffs attempt to pursue compensation for a life and lifestyle negatively, and often permanently, impacted by taking the drug as prescribed. Reglan tardive dyskinesia, for example, can prevent one from doing his or her job safely. The involuntary shaking associated with the condition can also be socially embarrassing—especially for a young person.

Sadly, some plaintiffs respond to their symptoms too late, to the point where pursuing litigation is no longer possible.

It's called the Statute of Limitations, and often reflects a two-year window during which it's possible to file a Reglan and tardive dyskinesia lawsuit following the emergence of symptoms.

Miss the deadline, and you could be dead in the water, legally.

That's what happened to Gladys Pounds, according to the December 2 issue of Health Law Week. The woman was prescribed Reglan by her physician in 2001 for the treatment of gastroesophageal reflux disease—commonly referred to as GERD, and a common condition for which Reglan is often prescribed.

The US Food and Drug Administration (FDA) has since issued a position that Reglan should not be used beyond 12 weeks, due to an increased risk of developing Reglan tardive dyskinesia.

Pounds, however, used Reglan daily for about three years, before experiencing a mouth tremor and gait disturbance starting in August 2004.

A neurologist diagnosed Pounds as having Parkinson's.

Just under a year later, in May 2007, a different doctor diagnosed Pounds with irreversible tardive dyskinesia.

The plaintiff sued her original prescribing doctor for negligence based on his decision to prescribe Reglan for Pounds' GERD acid reflux condition—a decision that was alleged to have fostered Reglan tardive dyskinesia.

When the lawsuit was launched in August 2007, the defendant moved for summary judgment. While the trial court denied the original motion, an appellate court noted that symptoms of Reglan tardive dyskinesia were probably present as early as summer 2004 and most recently by February 2005.

Given the timing of the lawsuit, which was filed 30 months later, the appellate court found that the action was time-barred by the Statute of Limitations (generally, two years). Even giving the plaintiff the benefit of the doubt and construing evidence in her favor, the appellate court decreed that too much time had passed between the emergence of the most recent symptoms and the filing of a claim two-and-a-half years later.

Every medication is accompanied by side effects. Reglan is no exception. Metoclopramide has been linked with many different adverse reactions, including Reglan side effects in infants. Breastfeeding mothers have been cautioned against Reglan, for example.

However, GERD is a common affliction amongst Americans that can become a chronic condition, for which regular use of Reglan can provide relief. But given the FDA's position that continued use of Reglan longer then 12 weeks increases the risk of Reglan tardive dyskinesia, the issue puts the patient and doctor in a difficult situation. A patient would be understandably reluctant to give up a medication that was proving effective.

What's more, prior to the adoption of a Black Box warning for Reglan tardive dyskinesia in February 2009, there was little information for patient and physician beyond the potential for rare Reglan neurological side effects like tardive dyskinesia. It has also been reported that even though Reglan was originally approved by the FDA for short-term use not lasting beyond 12 weeks, that fact was not spelled out particularly well in prescribing information until the Black Box warning in 2009. Thus, many patients may have been unaware of the risks involved.

Reglan has been linked to Neuroleptic Malignant Syndrome, or NMS—a serious neurological condition. As for tardive dyskinesia, sometimes it has retreated when the medication is stopped. But not always. Having emerged, there is no known cure for Reglan tardive dyskinesia.

Reglan has been identified by LawyersandSettlements.com as a top legal issue to watch in 2012. Prospective plaintiffs, on the other hand, need to heed the calendar. Patients, whose lives have been adversely affected in this manner, would be wise to become conversant with the Statute of Limitations and approach a Reglan attorney over a potential Reglan lawsuit, in a timely fashion. As the foregoing shows, time is of the essence.

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READER COMMENTS

Posted by

on
My 12 year old daughter has Tourettes Syndrome. She has severe neck tics, constant blinking of the eyes, and constantly clearing her throat. She was diagnosed last year and now has to take high doses of medication to decrease the tics. She had reflux when she was born and was prescribed Reglan when she was an infant and received it for almost a year. I had no complications in my pregnancy. I was healthy and never sick one day with her. I'm a Registered Nurse and I now am very familiar with Reglan and it's side effects. I have been doing a lot of research and I am CONVINCED WITHOUT A DOUBT this medication caused her Tourettes as Tardive Dyskinesia and Tourettes have very similar side effects. My daughter has struggled in school due to being made fun of to the point we pay for her to go to a private school and it has helped. I'm hoping that someone reads this and can help me prove that Reglan caused her Tourettes so that no other children have to suffer through this. There are so many more options for infant reflux. My daughter was given this medication on the first doctor visit. This should've never happened!!! Please help me, please let's help another child, together!!!

Posted by

on
I am 51 year old Woman I have been taking reglan for years and I am a diabetic I also notice every time I'm out of this medication I am very nervous shaky sick to my stomach iratible my legs crawl I was put on reglan for nasea a long time ago know one ever told me this would hapen my mother passed away two years ago she took it to she had a stroke I don't know if this stuff could be a part of it but I just got me a very good doctor my first appt is Feb is Feb 20 I am going to ask him to help me get off this medication asap a doctor prescribed this to my daughter when she was pregnant she has had stomach problems ever since they need to stop giving this to people I shake all the time thank you Cindy crough

Posted by

on
I am a C6/7 incomplete quadriplegic (no voluntary muscle movement from my armpits down, but pretty good hands and arms; hence incomplete) due to an automobile accident while on the clock with Boeing in Wichita on 10/25/2001. I spent 7 months recovering from my injury prior to returning to work in my same position, and Boeing did provide me with the maximum compensation at the time of $125,000.

To the point, my doctor put me on Reglan (metoclopramide) in 2002(?) for nausea, typical side effect of my pain medication. I filled my last script for this med on 7/6/2010 when I received the black box warning from my pharmacy, as I immediately recognized the symptoms of Tardive Dykinesia/Dystonia described in the warning, to which my family doctor concurred.

Time has done nothing but exacerbate my physical condition. Current symptoms include:
- Dysphonia
- Orofacial Dyskinesia
- Spasmodic Torticollis

I realize that there are class efforts, but I'd rather stand alone.

Posted by

on
I was prescribed Reglan as a teenager in the late 90's for menstrual cramps. since the emergence of what the side effects are I now know that the lip smacking and tongue sucking, eyes rolling uncontrollably was because of this drug. I was 15 years old and was admitted into a psychiatric hospital because I was diagnosed with paranoid schizophrenia when in fact it was tardive dskynesia. Unfortunately my parents did not know this at the time. I was unable to go to Spain as an exchange student(which I had already paid for), could not try out for the cheerleading team and was home schooled after getting out of the hospital for most of my sophomore year of high school. It was a very depressing and difficult time in my life. I wish that this information would have been available at that time.

Posted by

on
I have filed a request for legal aid, as I have used reglan for many eyars, and hav numrous problems, but none extreme. They just make my life very complicated, and idfficult.

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